Morrow v. Jones
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Wakeley, J. The facts are stated in the opinion. Morgan v. Bergen, 3 Neb., 213; Parsons, Contracts, secs. 21, 535; Ery, Specific Performance, sec. 119; Higginbottom v. Benson, 24 Neb., 461. A conveyance of the equity of redemption, absolute in form, may be shown by parol to have been intended as security.
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Error from the district court of Douglas county. Tried below before Wakeley, J. The facts are stated in the opinion. Morgan v. Bergen, 3 Neb., 213; Parsons, Contracts, secs. 21, 535; Ery, Specific Performance, sec. 119; Higginbottom v. Benson, 24 Neb., 461. A conveyance of the equity of redemption, absolute in form, may be shown by parol to have been intended as security. (Trull v. Skinner, 17 Pick. [Mass.], 213; Mills v. Mills, 26 Conn., 213 ; Ryan v. Box, 34 N. Y., 307; Villa v. Rodriguez, 12 Wall. [U. S.], 323; Brown v. Gaffney, 28 111., 149; West v. Reed, 55 111., 242; Brinkman v. Jones,…
1Opinion of the CourtNorval, C. J.
On or about the 6th day of December, 1877, one Harriet Jones, now deceased, being the owner in fee-simple of lot 1, in block 4, in Shull’s addition to the city of Omaha, gave her promissory note for the sum of $500 to John C. Morrow, one of the plaintiffs in error, and to secure the payment of said note she, together with her husband, William D. Jones, executed aud delivered to said Morrow a mortgage upon said lot. On the 12th day of October, 1880, Morrow commenced an action in the district court of Douglas county to foreclose said mortgage, service of summons being made by publication, and…
2Cases cited10 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- McKeighan v. HopkinsNebraska Supreme Court · 1886
- Morgan v. BergenNebraska Supreme Court · 1874
- Rogers v. Empkie Hardware Co.Nebraska Supreme Court · 1888
- Comstock v. MichaelNebraska Supreme Court · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Davis v. SternsNebraska Supreme Court · 1909
- Dorsey v. ConradNebraska Supreme Court · 1896
- Dickson v. StewartNebraska Supreme Court · 1904
- O'Shea v. RiceNebraska Supreme Court · 1896
- Stall v. JonesNebraska Supreme Court · 1896
14 more not listed; retrieve them via the Exa API.